[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 7-7-1980 by L.L. No. 4-1980; amended in its entirety 10-19-2004 by L.L. No. 2-2004. Subsequent amendments noted where applicable.]
It is the intention of the Board of Trustees of the Village of Nissequogue, by adoption of this chapter, to establish and impose restrictions upon the creation of unnecessary or unreasonably intrusive sound, which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, since such sounds are deemed to be detrimental to the life, health, welfare, good order and comfort of the citizens of the Village. By enactment of this chapter, the Board of Trustees intends to promote the health, safety and general welfare of the people of the Village, including the enjoyment of their property and the preservation of the peace of the Village. This chapter shall not be construed or utilized in any manner so as to deny or limit any right or privilege granted and recognized by the First Amendment of the Constitution of the United States. In the exercise of its inherent and statutory police powers in this regard, the Board of Trustees does hereby enact this chapter.
All definitions used in this chapter, where applicable, shall conform to the terminology of the American National Standards Institute. A copy of the ANSI's definitions shall be procured by the Village Clerk and shall be available at the Village Clerk's office for public inspection.
As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter shall have the following meanings:
- AIR CONDITIONING APPARATUS
- Any device that is designed to be used or is actually used to cool, move or condition air, including but not limited to air conditioners, cooling towers, fans arid blowers.
- The American National Standards Institute or its generally recognized functional successor.
- CONTINUOUS SOUND
- Any sound that is not an impulsive sound.
- Any machine, mechanism or equipment that is intended to produce, or which actually produces, sound or vibrations when operated or handled.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage threatened or caused by an emergency or the work or activity that is necessary to prevent or recover from an emergency, including but not limited to work to repair electric, gas, water, sewage and/or telephone services.
- GENERATING LAND
- Any public or private land whereon the source of generation and emission of a sound or sounds is permanently situated or temporarily located.
- New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day.
- IMPULSIVE SOUND
- A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. Examples include an explosion or discharge of a firearm.
- MOTOR VEHICLE
- Any vehicle, such as, but not limited to, a passenger vehicle, truck, truck-trailer, trailer or semi-trailer, propelled or drawn by mechanical power, and shall include motorcycles, snowmobiles, minibikes, go-carts, mopeds or any other vehicle which is self-propelled.
- A device for abating the sound of escaping gases of an internal combustion engine or other sound source.
- Any sound or combination of sounds of such level, intensity and duration or the time and place of its emission and perception, that is deemed to be so unpleasant, objectionable and disturbing as to unduly disrupt or unreasonably interfere with the enjoyment of life or property, exceeding the limits as set forth in this chapter.
- Any individual, firm, association, partnership or corporation, including any officer, employee, department, agency or instrumentality of the state or any political subdivision of the state.
- REAL PROPERTY BOUNDARY
- The imaginary line, including its vertical extension, that separates one parcel of real property from another.
- RECEIVING PROPERTY
- Any public or private lands, including the buildings, structures, facilities and open spaces situated thereon, whereon the sound or sounds emitted from any generating land can be heard and detected by any person and where, when implicitly or expressly required by any provision of this chapter, the level of such sound(s) shall be measured to determine whether it (they) comply with or exceed any limits or restriction imposed by this chapter.
- An oscillation in pressure, stress, particle displacement or other physical parameter in a medium with internal forces (American National Standards institute terminology).
- SOUND REPRODUCTION DEVICE
- Any device that is designed to be used or is actually used for the production or reproduction of sound, including, but not limited to, any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address system or any other sound-amplifying device.
- That which is not required by the usual circumstances.
- UNREASONABLY INTRUSIVE
- Any sound that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities under the circumstances.
The following acts are declared to be prima facie evidence of a violation of this chapter:
Noise from a domestic animal, bird or fowl that is continuous and exceeds five minutes in duration or is intermittent and exceeds 10 minutes in any one-hour period that creates a noise disturbance across a real property boundary.
Noise from any sound reproduction device that is able to be heard from the lesser of 60 feet from its source or 25 feet over any real property (line) boundary between the hours of 11:00 p.m. and 8:00 a.m. the next morning, except in cases of public safety and emergency and while any such emergency continues.
Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat that is continuous and exceeds 10 minutes and is audible across the real property boundary of the property where said alarm is located.
The erection, including excavation, demolition, alteration or repair of any building between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays and 5:00 p.m. and 8:00 a.m. the following day on weekends and holidays, except in the case of public safety and emergency, and while any such emergency continues.
The operation, between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays and 5:00 p.m. and 9:00 a.m. the following day on weekends and holidays, of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other device, except in cases of public safety or emergency and while any such emergency continues.
The operation of gasoline or electric power equipment outdoors between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and between 7:00 p.m. and 9:00 a.m. on weekends and holidays, except in the ease of public safety and emergency, and while any such emergency continues.
Continuous sound in the air from the operation of any machinery, equipment, pump, fan or any type of air conditioning apparatus or similar mechanical device that has crossed the real property boundary of the property where said equipment or device is located, except in the case of public safety and emergency, and while any such emergency continues.
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle continuously and exceeding five minutes in duration, except as a danger warning pursuant to § 375 of the Vehicle and Traffic Law of the State of New York.
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat, minibike or motor vehicle, except through a muffler or other device that will effectively prevent unnecessary, unreasonably intrusive or explosive noises therefrom.
The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create grating, grinding, rattling noises of such a nature as to be unreasonably intrusive to a reasonable person with reasonable sensibilities or if deemed unreasonably intrusive by a police officer.
The offering for sale of anything by shouting or outcrying upon the public streets or sidewalks or by the use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles.
No person shall operate or cause or permit to be operated any motorized or engine-powered watercraft in any river or other waterway within 1,500 feet of the jurisdictional limits of the Village at any time, at any speed or under any condition of load acceleration or deceleration or in any manner whatsoever. This provision shall not apply to races or regattas conducted under permit issued by the Village Clerk or the Mayor and Board of Trustees of the Village pursuant to the Code or other applicable law; and it shall not apply to the use of a horn or whistle or other signaling or warning when the same is used for the purpose of signaling another vessel(s) or for the purpose of warning another vessel(s) of the presence of the vessel emitting the signal or warning.
The creation of unreasonably loud and excessive noise between the hours of 10:00 p.m. and 8:00 a.m. in connection with loading or unloading of any vehicle, boat or barge or the opening and destruction of bales, boxes, crates and containers that is able to be heard from the lesser of 60 feet from its source or 60 feet over any property line.
The commercial removal of refuse between the hours of 6:00 p.m. and 6:00 a.m.
The provisions of this chapter shall not apply to the following acts:
The emission of sound for the purposes of alerting a person to the existence of an emergency.
Noise from municipally sponsored celebrations or events.
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Village Clerk.
The operation or use of any organ, radio, bell, chime or other instrument, apparatus or device by any school licensed or chartered by the State of New York, provided such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
Noise generated by the installation and maintenance of public utilities.
Sounds on private property which do not carry beyond the real property boundary lines of the property on which they are created.
The use of generators during power outages.
The provisions of this chapter shall be enforced by the Police Department and/or by the Building Inspector of the Village.
In lieu of the initial issuance of a summons, the Building Inspector of the Incorporated Village of Nissequogue may first issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this chapter.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 83-6, the violation of any provision of this chapter shall be cause for a summons to be issued by the Building Inspector or a law enforcement officer of the Nissequogue Village Police Department.
[Amended 3-17-2015 by L.L. No. 3-2015]
Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine not exceeding $500 or imprisonment for a period not in excess of 15 days, or both. Nothing in this chapter shall be deemed to prohibit the prosecution and conviction of a person on two or more charges that may constitute violations of different sections of this chapter arising out of a single act, occasion or set of circumstances. However, no more than a single penalty may be imposed for each separate and distinct offense. Furthermore, each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
If any word, phrase or part of this chapter shall be declared invalid or unconstitutional by a court of competent jurisdiction, the same shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.